The crime of illegal detention refers to the act of illegally depriving others of their personal freedom by detention, confinement or other compulsory means.
main body
The subject of the crime of illegal detention can be both state functionaries and ordinary citizens.
Subjective aspect
The crime of illegal detention is subjective and intentional, aiming at depriving others of their personal freedom. Negligence does not constitute the crime of illegal detention.
There are various motives for illegally detaining others, but whatever the motive, as long as it has the purpose of illegally depriving others of their personal freedom, it constitutes the crime of illegal detention. If the illegal deprivation of personal freedom is for other criminal purposes, it should be punished as other crimes.
target
The object of this crime is the personal freedom of citizens.
Our country stipulates: "The personal freedom of the people and citizens of China is inviolable. No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and shall be executed by the public security organ. It is forbidden to illegally detain or illegally deprive or restrict citizens' personal freedom by other means. " Therefore, illegal detention is a serious deprivation of citizens' personal freedom.
The so-called right to physical freedom refers to the right of personality whose content is that the actions and behaviors of the body are not illegally interfered, that is, the right to decide one's own physical behavior according to one's own will within the scope of law.
The personal freedom of citizens is the guarantee of their normal work, production, life and study. Without physical freedom, they will lose the possibility of engaging in all normal activities.
The so-called personal freedom is the right of citizens to freely control their physical activities according to their own will, which is a basic right of citizens. Only units authorized by law can deprive citizens of their personal freedom according to law. In addition, no unit or individual can deprive citizens of their personal freedom.
Objective aspect
The crime of illegal detention is objectively manifested as the act of illegally depriving others of their personal freedom.
There is no restriction on "other" here. They can be law-abiding citizens, people who have committed mistakes or ordinary illegal acts, and criminal suspects.
No matter how to detain others by violence, coercion or fraud, as long as it conforms to the behavior characteristics of illegally depriving others of their physical freedom, it will not affect the establishment of the crime of illegal detention.
Illegal deprivation of personal freedom is a continuous behavior, that is, the behavior is in a continuous state for a certain period of time, which makes others lose their personal freedom for a certain period of time, not intermittently.
The duration does not affect the establishment of the crime of illegal detention, but only affects the sentencing. However, short-term and instantaneous deprivation of personal freedom can hardly be regarded as the crime of illegal detention.
Criteria for filing the crime of illegal detention
State functionaries suspected of illegal detention by taking advantage of their powers shall be placed on file under any of the following circumstances:
1, illegally detained for more than 24 hours.
2. Illegally detaining others for more than three times, or illegally detaining more than three people at one time.
3, illegal detention of others, and the implementation of binding, beating, insulting and other acts.
4, illegal detention, resulting in disability, death, mental disorders.
5. In any of the above circumstances, illegally detain others or detain others for the purpose of demanding debts.
6. The judicial personnel illegally detained an innocent person.
What if I am detained?
On the one hand, criminal detention suspected of illegal detention should actively cooperate with the investigation of public security organs and strive for leniency; On the other hand, you can entrust a lawyer as a defender.
First, after being detained, contact a lawyer to meet the client as soon as possible, grasp the case, give the client a shot in the arm and restore confidence.
Second, apply for bail pending trial and strive for freedom for the parties.
Third, collect the evidence that the parties are innocent or guilty, form a written legal opinion, and strive not to arrest or prosecute.
Fourth, negotiate with the victim, reach an understanding, and strive for a lighter crime for the parties.
The lawyer's intervention can understand the actual situation of the case, provide legal advice to the criminal suspect, and determine whether the behavior characterization is correct in time. The sooner the Committee is established, the greater its role will be.
The above is the relevant content compiled by the lawyers of the Shangbian Criminal Team for you. Under normal circumstances, those who are criminally detained for the crime of illegal detention should entrust a lawyer to operate in time, understand the case and meet the parties, and if possible, they can get a bail pending trial and be given a lighter or mitigated punishment.